Getting back our liberties

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Last week's column, "Let's Do Some Detective Work," provided unassailable evidence that the
protections of liberty envisioned by the Constitution's Framers mean little today. I was pleasantly surprised by
the responses from fellow Americans expressing disgust and fear over what our nation is becoming. Several
asked how we can regain our liberties. My short answer is: I'm not sure they can ever be recovered. Let's look
at it.

We all have a moral obligation to pay our share for constitutionally mandated functions of the federal
government, but we have no such obligation to have Congress take the earnings of one American and give
them to another American. Forcing one American to serve the purposes of another is one way slavery can be
defined.

I'm an emancipated adult fully capable of taking care of my own retirement. Why should I or anyone else
be forced to pay into the government's Social Security? Do you see any signs on the horizon that such
practices are coming to an end? The list of encroachments on personal liberty like these is virtually endless.

Self-determination is a human right we all should respect. If some people want socialism, that's their
right  but it is not their right to use brute government power to force others, who want liberty, to be a part of it.
Liberty-minded Americans might organize to acquire government power to impose their will on
socialist-minded Americans, but that's not right either. A far more peaceful method is simply to part company.

That's an idea already being explored by Free State Project. Their plan, as stated on their website
(freestateproject.org) is: "20,000 or more liberty-oriented people will move to New Hampshire, where they may
work within the political system to reduce the size and scope of government. The success of the Free State
Project would likely entail reductions in burdensome taxation and regulation, reforms in state and local law, an
end to federal mandates and a restoration of constitutional federalism."

In 1788, during New Hampshire's ratification convention, a concerned people said "amendments AND
alterations in the said Constitution would remove the fears and quiet the apprehensions of many of the good
People of this State and more Effectually guard against an undue Administration of the Federal Government.

The Convention do therefore recommend that the following alterations and provisions be introduced into the
said Constitution: (among them) First That it be Explicitly declared that all Powers not expressly and particularly
Delegated by the aforesaid Constitution are reserved to the several States to be, by them Exercised." The
Ninth and Tenth Amendments, which mean virtually nothing now, were added to our Constitution in response to
these fears.

While members of Free State Project have not proposed it, I would imagine that if New Hampshire's
elected representatives couldn't successfully negotiate with the U.S. Congress to obey the Constitution, the only
other alternative would be that of making a unilateral declaration of independence and go our own way just as
our Founders did in 1776.

Many people might argue that it's the U.S. Supreme Court that decides what is constitutional or not.
Here's what Thomas Jefferson said about allowing the Court to hold a monopoly on the interpretation of the
Constitution: "... the opinion which gives to the judges the right to decide what laws are constitutional and what
are not, not only for themselves in their own sphere of action but for the Legislature and Executive also in their
spheres, would make the Judiciary a despotic branch."

The history of the Court, not to mention last week's decision on the constitutionality of the
McCain-Feingold campaign finance reform that attacks free speech, is proof that Jefferson was right and
Alexander Hamilton wrong in his Federalist Paper No. 78 prediction that the judiciary would be the "least
dangerous" branch of government.

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